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(영문) 대전지방법원 서산지원 2013.04.03 2012고정213
폭행
Text

Each public prosecution against the Defendants is dismissed.

Reasons

1. Summary of the facts charged

A. On March 11, 2012, around 21:15, Defendant A used the second floor “H” of the second floor located in Seosan-si, Seosan-si, on the ground that he was under the influence of alcohol and that I (49 years of age, female) was divorced with the victim B, the main agent of which is the victim B, and the wind of which is the victim B, and subsequently used the victim’s flabbbing and flabing the chest and the flabing part of the chest and the flabing part twice.

B. Defendant B, as the above,

For the same reason at the location of the port, there was assaulting the victim A from the second floor stairs to the middle of the first floor stairs, so far as the victim A's chests were tightly pushed down by hand.

2. Determination Domination and assault are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

However, with respect to the crime of assault by Defendant A, it can be acknowledged that the victim A withdraws his/her wish to punish each of the crimes of assault by Defendant B on April 3, 2013, which was after the prosecution of this case was instituted.

Therefore, the prosecution against the Defendants is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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